Product Description

Terms & Conditions

DC LIQUIDATORS TERMS AND CONDITIONS

By purchasing any product from DC LIQUIDATORS, LLC, hereinafter “DC”, Buyer hereby agrees and consents to the following terms and conditions:

1. Shipping

No equipment or products shall be shipped until full payment has been received and processed by DC. All equipment and products shall be purchased by Buyer as Freight on Board – Shipping Point. Please note the location of the equipment prior to purchase as it may be located at one of our warehouse locations or at another facility. Ownership and title to the equipment shall be transferred to Buyer at time of shipment and Buyer assumes all risk and liability of loss at that time.

2. Return Policy

Buyer is advised to inspect all equipment and products prior to purchase. Any and all damage caused during crating or shipping should be documented with photographs before unloading. All returns will be subject to a twenty-five percent (25%) restocking fee and will be accepted only after a Return Authorization Number (RAN) has been issued by DC. Any returns shipped to DC without a RAN or refused upon delivery to Buyer may be rejected by DC or if accepted, will be subject to a fifty percent (50%) restocking fee. Used equipment returns shall only receive a used merchandise credit. All freight on returns must be prepaid by Buyer and include adequate freight insurance to fully protect the equipment or products.

All missing or damaged equipment or products must be noted on the signed delivery receipt. Failure to note any missing or damaged equipment or products on the delivery receipt will be deemed as waiver of any claim and will be treated as final acceptance of the equipment or products. Notice of any latent or hidden defects to any equipment or products must be submitted to DC in writing within seven (7) days of receipt by Buyer. Under no circumstances will RAN’s be granted after seven (7) days of receipt of the equipment or products by Buyer.

3. Product Description

The description of any equipment or product is based on the best information available to DC. DC, however, makes no warranty, express or implied, as to the description of any equipment or product. The equipment or product may be in a hazardous or defective condition or may become hazardous or defective, and may not be in compliance with applicable federal, state, or local government standards or regulations, including those promulgated by the Occupational Safety and Health Administration (OSHA). Buyer has the right to and is urged to inspect all equipment and products prior to purchase. Buyer hereby agrees to assume all responsibility of the use of the equipment or products including proper inspection and repair as necessary to ensure the safety of any user of said equipment or products.

4. Liability Waiver

DC will have no liability, and Buyer unqualifiedly waives all claims for any damages, with respect to the equipment or Products sold by DC, the handling, transportation, installation, possession, or use of the equipment, the quality, workmanship, material, design, or present, or future state of the equipment, any hazard or defect in the equipment, any failure of the equipment to comply with any federal, state, or local government standards or regulations, and any failure of the Buyer to have given any warning or instruction concerning the equipment, whether in contract, tort or under any other theory of recovery, including having no liability for indirect, incidental or consequential damages.

5. All Equipment sold AS-IS, WHERE IS

All equipment and products sold by DC to Buyer are sold AS-IS, WHERE IS. However, Seller warrants to Buyer that Seller has good title to the machinery or equipment being sold and the machinery and equipment being sold is free and clear of all liens and encumbrances. Other than the warranty of title, SELLER HEREBY EXCLUDES ANY AND ALL REPRESENTATIONS AND WARRANTIES OF WHATSOEVER NATURE OR KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6. Third-Party Software

Third-party software is at times loaded onto the machinery or equipment being sold. Unless otherwise explicitly provided in writing by DC, DC does not claim any ownership or rights in such software and does not grant to Buyer any license to use or other rights to such software.

7. Damages Limitations

Buyer agrees that in no event, whether as a result of breach of contract or warranty, negligence or any other cause whatsoever, and regardless of the form of legal action or the theory of recovery, will DC, its parents, subsidiaries, affiliates, directors, officers, management, employees or agents be liable for (i) consequential, special or punitive damages including, but not limited to, loss of profits or revenues, loss of the use of the equipment, replacement cost, expenses incurred in connection with labor, overhead, transportation, installation or removal of equipment, or procuring substitute facilities or supply sources or any other property, cost of capital, facilities or services, downtime costs or claims of Buyer for such damages, nor (ii) any losses or damages under any claim of any kind in excess of the purchase price actually paid to DC for the equipment which gives rise to the claim.

8. Taxes

Prices are stated in United States Dollars and do not include any federal, state or local taxes, which are in addition to the purchase price and must be paid by the Buyer. Any and all foreign duties and taxes are the responsibility of the Buyer. Unless Buyer furnishes DC with a tax exemption certificate, any sales, use, excise or other similar taxes, when required, shall be added to the purchase price and invoiced by DC to Buyer. Buyer shall indemnify DC from and against all tax liability as a result of Buyer’s purchases from DC including but not limited to taxes, penalties, interest or attorney’s fees and court costs incurred by DC.

9. Jurisdiction and Venue

This Agreement will be interpreted by the laws of the State of Illinois without regard to conflict of law principles and any legal action relating to or arising out of this Agreement or any other documents or agreements relating hereto shall be instituted only in First District of Cook County, Illinois or, if required by law, the United States District Court in the Northern District of Illinois. Buyer submits to the jurisdiction of such courts and agrees that service of process in any such action may be made by hand delivery or by overnight delivery service.

10. Miscellaneous

A. If any section or subsection of this Agreement is found by competent judicial authority to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of any such section or subsection, the section or subsection shall amended so to strike the invalid, illegal, or unenforceable content, but in every other respect, the remainder of this Agreement shall continue in effect so long as the amended Agreement still expresses the intent of the parties. If the intent of the parties cannot be preserved, this Agreement shall be either renegotiated or terminated.

B. Buyer agrees that should it breach any of its agreements to DC, including but not limited to failure to make timely payment, Buyer shall be liable to all damages incurred by DC including but not limited to: lost profits as well as attorney’s fees and court costs incurred in the enforcement by DC of Buyer’s obligations under all agreements with DC.

C. All obligations and duties which by their nature survive the expiration or termination of this Agreement shall remain in effect beyond such expiration or termination.

D. No waiver of any breach or default hereunder shall be considered valid unless in writing and signed by the party giving such waiver, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or a similar nature.

E. Time is of the essence with respect to the services contracted for within this Agreement.